Legal aid barrier for domestic violence survivors lifted

An unpopular rule that acted as a barrier to legal aid for domestic violence survivors is to be dropped, in a major victory for campaigners.

The Ministry of Justice (MoJ) confirmed this week that legal aid rules affecting survivors of domestic violence will be amended as of January 2018. It will scrap a time limit on evidence that meant survivors had to show they had suffered abuse within the past five years to be granted legal aid for advice and representation in disputed family court hearings.

The MoJ will also widen the types of evidence that can be supplied to prove abuse. In future, statements from domestic violence support organisations and housing support officers can be used.

Legal advice charity Rights of Women (ROW) brought a successful judicial review in 2016 that led to the MoJ reviewing the current rules. In the hearing, ROW gave evidence that the rules meant 40% of women survivors could not meet the evidence requirements, which meant they then had to face their abusers in court by themselves.

Estelle du Boulay, director of ROW, said: ‘The previous system was so clearly unjust, leaving many genuine survivors unable to access the legal aid they were entitled to, because the evidence requirements were narrow, onerous and unrealistic.

‘We fought the government through the courts to bring in these reforms. We are particularly grateful to the many women survivors who provided testimony that enabled us to prove our case. Their voices have finally been listened to today. This is a landmark win in relation to access to justice.’

Justice Minister Dominic Raab said: ‘These changes make sure that vulnerable women and children get legal support, so their voice is properly heard in court.’